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2002 Supreme(Kar) 627

S.R.BANNURMATH
SNOW WHITE HI-TECH LAUNDERETTE, BANGALORE – Appellant
Versus
SHAMANTHA R. HARIHARAN – Respondent


( 1 ) HEARD the learned Counsel for the appellant.

( 2 ) THESE appeals are filed against the judgment of acquittal dated 24-8-2002 passed by the learned Additional C. M. M. , Bangalore acquitting the respondent-accused for the offence punishable under Section 138 of the negotiable Instruments Act.

( 3 ) AS per the complainant, in respect of the amount due in a sum of Rs. 92,695/-, the respondent had issued 3 cheques drawn on the state Bank of Mysore towards discharge of the legal liability and thereafter, when the cheques were presented, the same were returned for the reason "payment stopped". Thereafter, legal notice was issued to the accused and as no amount was paid, the present complaint came to be filed.

( 4 ) THE Complainant has examined himself as P. W. 1 and produced 13 documents. The respondent examined herself as D. W. 1 and got produced Ex. D1, the Statement of Accounts. The main defence was that, though cheques were issued by her, as the goods supplied were of not proper standard as required and asked for, immediately after issuance of the cheques on receipt of goods, respondent has sent Fax message Ext. P8, dated 20-8-1999 to the complainant, as well as intimated th



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